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HomeMy WebLinkAbout0171 . . „ ' . :3V^ ~ _ t' ft': .K' . . . ' . , ~ . _ Lcnde~'s writtea agrecment o~ applicsbk law. Borrowe~ shali pay thc amount of all mortgagc i~surance premiums in the manner p~ovided undec psngraph 2 hercof. ~ ' Any amounts disbursed by Lendcr pursuant to this parag~bph_ 7. with interest thereon. shal) becomc additional inJebtednas of 8orrower secured by ~his Mo~tgagc. Unlecs Bo~rowYr and Lende~ agrec to other ~emns o( payment, such amamts ~hal) be payable upat ootice f~om I.cndt~ to Bo~rower rcquesting payment thcreof, and shall bear intercst trom the data of disbursement at the nte payabk trom timc to timc on out:tsnding principal unde~ the Note unku payment of inferat at such rate would be contrary to.applicabk law. in which event such amounts shall bear interest at the highest rate permi~ibb under applicabk law. Nothing conlained in lhis pang~aph 7 shall requiro I.ender to incur any expense or take aoy actio~ hereunder. & InspccHoa. Lender ma~ make or cause to be made rcasonable entries upon and inspections of the Propeny. pmvided that Lender shall give Borrower notice p~ior to any.s~kh inspection specifying rea:onabk cause ihercfor rclated to I.ender's interest in the Property. 9. Condemaatioo. The ptocecds of any award or claim ior damages, dircet or consequential. in connection with any condem~ation or other taking of the Propecty. or pan thereof. w tor conveyance in lieu of condemnation, arc hereby auigned . and shall be paid to Lendqr. Tn the event of a total taking of thc Ptopetly. the proceeds shall be applied to the sums securcd by tTiis Martgage. with thc excess, if any, paid to Borrower. In the evcnt of a paNial taki~g of the Property. unless Borrowe~ and Lender olhenvise agrce in writin~t. there sha11 be applied to the sums securcd by ihis Mohgage such proponion of the proceeds as is~equal to that proportion vvhich the amount of tl?a sums securcd by this Mongage immediately prior to the date of taking bears to the fair market value of the Pmperty immediately p~ior to the date of taking, with the balance of thc proceeds paid to Borrnwer. • ~ . Ii the Property is abandoned b~ Borrower. or if, atter notice by Leoder to Borrower that the conde~anor oPfers to make a~.award or settk a claim tar damages, Borrower tails to rapond to Lender within 30 days after the date such notice is mailed, Lendes is authoriud to colkct and apply the proceeds. at Lender's option. either to nstoration or repair of the Propehy or to the sums secured by this Mongage. Unkss Leoder and Borrower otherwise agrce in writing, any such application of proceeds to principal shall not extend or postpom the due date of the monthly installments r+efeRed to in pangnphs 1 and 2 hereof or change the amount of such itutallments. 10. Borro~?er Not Rekased. Extension of thc time tor payment or maliflcation of amo~tization of the sums secured by this Mortgage gnnted by Lender to any successor in intercst of Borrowe~ shal! not operate to nkase. in any manner. the liability of the original Borrow~er and Bc?rrower's successors in interest. Lender shall not be required to commence proceedings against such suoceuor or refuse to extend time for payment or othenvise modify amortization of the sums securcd by this Mortgage by reaso~ of any demand made by the or.ginal Borrow~~ and Borrower's succc.aors- in iMecest. 1!. Forbeanaee bp Lender l~ot s~ R?ai~~er. Any forhearance by I.ender in exercising any right or remedy het+eunder. or othenvise aftorded by appliable law, shalt not be a waiver of or precludt the exercise of any such right or nmedy. The procurement of insunnoe or the payment of taxes or other liens or charga_by Lender shall not be a waiver of L,ende~'s right to aoalente the maturity of the indebtednas secuned hy ihis Mortgsge. ~ l2. Rcme~iies Cumulatin. All remedies provided in this Mortgage. ~n distinct and cumulative to any other right or - remedy under 16is Mongage or afforded by law or equity.~and may be exeRCised concurnrntly. independently or succ~sively. 13. Snecessors and A~ns Bound; Joint aad Ses~eral i,iabittty; CapKoas. The covenants and agreements herein contained shall bind. and the rights hercunder shall im~re to, the respeciive successors and assig~s of Lender and Borrower. subject to ihe provisions of paragnph 17 hereoL 'All rnve~ants and agrcements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenitncc only and are not to be used to interprct o~ define the provisans hereof. ~ 14. Notice. Exeept for any notice required under applicable law to be given in another manner. (a) any notice to Borrower provided for in this Mortgage shall be given by mailing~ such notice by certifted mait addrcssed to Borrower at the Pt+openy Address or at such ot}rcr addrcss as Borrower may desig~ate by ootice to i.ender as provided herein. and (b) any notia to Lender shall be given by certified .mail, return rcceipt reyu~sted, to i.ende~s addrcss stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. - Any notioe provided for in this Mortgagt shall be deemed to hare been given to Borrower ar i.ender when given in the manner designated hercin. l5. Uniform 3liortga~e: Gorernin~ Law; Sererab~ity. This form of mortgage combines uniform covenants for national I tae and non-unitorm~eovenams v?ith limited variations by jurisdiction to rnnstitute a uniform socurity instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause~of this Morigage or fhe Note conflicts with applicable law. such conflict sfiall not aHect o~her provisions of this Mongage or the Note which can be given effect without the conflictiog provision, and to this e~d ihe provisions of the Mortgage and the Note are declared to be severable. . 16. Borrov~e~s Copy. Bonovre~ shall be furnished a conformed copy of ihe Note and of 4his Modgage at the time ` of execution or after itcordation hereof. ~ • 17. Tnasftr of t6e Propert~: Assumptaa. If all or any part of ilie Property or an intercst thercin is sold or transferred by Bonower without Lender's prior written consent, excluding (a) the crieation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money securit} intercs~ for household appliances. (c) a transfe~ by deviu. descent or by operation of law upon the death of a joint tenant or.(d) the grant of aey leasehold interat of three years or less not containing an option to purchase. Leader may, at Lender's option. declare all tl~e sums ste~red by this Mortgage to be immediateiy due and payable. Cender shall have waived such option to accelerate if, prior to the sak or transfer, Lender ~ and the person to whom the Property is to be sold or iransferred etach agreement in writing that the crcdit of such perwn ' is satistactoty to Lender and that the interest payabk on the sums secured by ihis Mortgage shaQ be at such rate as I_ender shall request. If Lender has waived the option to accekrate provided in this paragraph 11. and if Borrower's successor in interest has executed a written usumption agreement accepted in writing bX Lender, Lender shall nkase Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate. Lender shall mail Bonower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within w•hich Borrower may pay the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period. Lender may, v?ithout turther notice or demand on Bormwe~, invoke any remedies permitted by paragraph 18 hereof. l~orr-Urr~FOxt?t CovFt~er-~rs. Borrower and Lender funher covenant and agree as folMws: 18. Acceleration; Remcdia. Except as provided in para~raph i7 hereot, upoa Borro.ver's brrich of any co~enanf or s~recment of Borrow~er In this Atorigage, including the covenaats to pay when due any wms ~ecnred by tbis Mortgsge, Leader . prior to accekratan shaq msii notice to Bormwer as pro~ided in paragrsph 14 hereof specifyin~: (1) the breach; (2) the action oequired b care wch breacb; (3) a ds~te, not less t6an 30 days from the date the notice is msiled to Borrower, by vrhich such br~ch must be cnred; u~d (4) that tailure to cure wch breach oa or 6efore the date speeifie8 in the aotke may ra~Tt in aceekration of t6e suros secnred by this Mortgage, toreclosure by judiciW procecdj~ aad saie of the Property. 'Il~e aotice shall turther (nform BorroM~er of the ri~ht to rei~tate after accek~ation s~nd the right fo assed in the foretfosure proceeding the non-existeace of a defau{t or an}• Wher defense of Borrorrer to accekration snd torecbwre. if Ihe breach is not cured on or bcfore the dste specified in lhe notice. Lender at i.ende~'s option may dcclsre aq af the sums secured by fh~ Morigs~e to be immedistely due and payable without further demsnd and may foreclose this Mortgage by judicial proce~ljng. Lender shall be eatitkd to collect in such proceeding afl expcr~ses of forecMsurc, including. but not Ilmiled to, reasonabie attonuy's fees. and costs oE documentary eridence, a6straMs and title reports. _ ' 19. Borro~er's Right to Rei~tate. Notwithctanding Lender s acceleration of th~°llims aecured ~r. this Mortgage. Borrower shall have the right to ha~e anp proceedings he~tun by Lender to eoforce this Mongage, diuontinued at any time - ~2~~ 170